Ferguson v Hyndman

In the matter of Ferguson v Hyndman, the parties were joint owners of a property, and the plaintiff sought an appointment of trustees for the sale of the property under section 66G of the Conveyancing Act 1919 (NSW). The defendant resisted the application. The dispute was resolved without the court hearing the matter on its merits. The primary legal issue was whether the usual principle that costs incurred in appointment proceedings are an incident of joint ownership of property should apply, given the circumstances of the case. The defendant was allegedly tardy in arranging the purchase of the plaintiff's share of the property, while the plaintiff was allegedly unreasonable in rejecting the defendant's offers.

The court held that the usual principle that costs incurred in appointment proceedings are an incident of joint ownership of property should apply. The court found that the principle was applicable in this case, and that the costs should be borne equally by the parties. The court did not find any exceptional circumstances that would warrant a deviation from the usual principle. The court held that the parties should bear their own costs of the proceedings.

The court made an order that each party bear their own costs of the proceedings. The court found that the circumstances did not warrant a departure from the usual principle that costs incurred in appointment proceedings are an incident of joint ownership of property. The court held that the parties should bear their own costs of the proceedings, and did not find any exceptional circumstances that would warrant a deviation from this principle.